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(영문) 부산지방법원 2015.10.16 2015노2593
의료법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (five million won of a fine) of the lower judgment is too unhued.

2. In conclusion, it is necessary to strictly punish the defendant, since the defendant was not in the period of suspension of execution of the same crime but in the period of suspension of execution.

However, in light of the following: (a) in the Republic of Korea, where a medical person conducts a literacy procedure, a bill allowing a person who is not a medical person, such as the defendant, is submitted to the National Assembly and currently pending pending years; (b) the crime of this case was committed once; and (c) the benefit of the defendant was not much high; (c) the defendant is deemed to have committed the crime of this case for his livelihood; (d) the defendant is in profoundly against his depth; and (e) the defendant’s age, career, family relationship, and all other matters concerning the sentencing specified in the records and arguments of this case, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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